Common use of Culpability Clause in Contracts

Culpability. The Discharger has a neutral culpability. This assessment is based on the fact that the Discharger is responsible for securing funding for a project that would ensure compliance with Regional Water Board Orders, including the Discharger’s proposal to phase out the discharge of effluent to receiving waters. Additionally, the Discharger is responsible for taking the necessary steps to achieve compliance. NSD secured professional services from USEPA-sponsored programs and relied on the agency’s technical expertise which ultimately resulted in technically unfeasible alternatives. Therefore, the Prosecution Team assigned a culpability factor of 1.0 (neutral).

Culpability. The Discharger has a neutral moderate degree of culpability. This assessment is based on the fact that the Discharger is responsible for securing funding for a project that would ensure compliance with Regional Water Board Orders, including the Discharger’s proposal to phase out the discharge discharger of effluent to receiving waters. Additionally, the Discharger is responsible for taking the to make necessary steps to achieve progress toward coming into compliance. NSD secured professional services from USEPA-USEPA sponsored programs and relied on the agency’s agencies technical expertise which ultimately which, through no fault of the NSD, resulted in technically unfeasible alternatives. Therefore, the Prosecution Team assigned a culpability factor of 1.0 (neutral, no fault).